Who Is Covered?
Under the FRSA, the following are protected from retaliation for reporting certain safety and security violations:
an employee of a rail carrier,
a contractor, and
The railroad may not retaliate against you in any manner because you provided information regarding an unsafe condition or reported your own or another worker’s injuries.
The railroad may be found in violation of FRSA if you are engaging in a protected activity was a contributing factor in its decision to take adverse action against you including:
Firing or laying off
Denying overtime or promotion
Reducing pay or hours
Delaying or denying medical aid or treatment
Forcing an employee to work against medical advice
Upon a finding that the railroad has violated the FRSA, the employee may be entitled to any or all of the following:
Reinstatement with back pay
Expungement of disciplinary record
Actual damages including damages for mental anguis
Attorneys’ fees and expenses